MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Anambra State, Otuocha Judicial Division sitting at Otuocha delivered by Justice P. I. Amaizu J. on the 16th day of September, 1994.
The appellant, Paul Ekezie, and one Ikechukwu Nwoye were charged for the murder of one Nweke Aduaka, contrary to Section 319 (1) of the Criminal Code, Vol. 11, Laws of Eastern Nigeria as applicable in Anambra State, pursuant to Charge No: 0T/3C/90.
At the hearing of the case, the prosecution/respondent called seven (7) witnesses and tendered eight (8) Exhibits in its bid to prove its case. The defence on the other hand called three (3) witnesses including the hitherto accused persons.
At the close of trial, learned counsel for both parties canvassed their arguments in support of their respective cases and at the end of it all, the learned trial Judge found the accused persons guilty of murder as charged and upon conviction sente…